83_FR_6226 83 FR 6196 - Proposal To Refuse To Approve a New Drug Application for Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for a Hearing

83 FR 6196 - Proposal To Refuse To Approve a New Drug Application for Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity for a Hearing

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range6196-6198
FR Document2018-02903

The Director of the Center for Drug Evaluation and Research (Center Director) of the Food and Drug Administration (FDA or Agency) is proposing to refuse to approve a new drug application (NDA) submitted by Pharmaceutical Manufacturing Research Services, Inc. (PMRS) for oxycodone hydrochloride (HCl) immediate-release (IR) oral capsules, 5 milligrams (mg), 15 mg, and 30 mg in its present form. This notice summarizes the grounds for the Center Director's proposal and offers PMRS an opportunity to request a hearing on the matter.

Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6196-6198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02903]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0188]


Proposal To Refuse To Approve a New Drug Application for 
Oxycodone Hydrochloride Immediate-Release Oral Capsules, 5 Milligrams, 
15 Milligrams, and 30 Milligrams; Opportunity for a Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Director of the Center for Drug Evaluation and Research 
(Center Director) of the Food and Drug Administration (FDA or Agency) 
is proposing to refuse to approve a new drug application (NDA) 
submitted by Pharmaceutical Manufacturing Research Services, Inc. 
(PMRS) for oxycodone hydrochloride (HCl) immediate-release (IR) oral 
capsules, 5 milligrams (mg), 15 mg, and 30 mg in its present form. This 
notice summarizes the grounds for the Center Director's proposal and 
offers PMRS an opportunity to request a hearing on the matter.

DATES: Submit either electronic or written requests for a hearing by 
March 15, 2018; submit data, information, and analyses in support of 
the hearing and any other comments by April 16, 2018.

ADDRESSES: You may submit hearing requests, documents in support of the 
hearing, and any other comments as follows. Please note that late, 
untimely filed requests and documents will not be considered. 
Electronic requests for a hearing must be submitted on or before March 
15, 2018; electronic documents in support of the hearing and any other 
comments must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept hearing 
requests until midnight Eastern Time at the end of March 15, 2018, and 
will accept documents in support of the hearing and any other comments 
until midnight Eastern Time at the end of April 16, 2018. Documents 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before these dates.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-0188, for ``Proposal to Refuse to Approve a New Drug 
Application for Oxycodone Hydrochloride Immediate-Release Oral 
Capsules, 5 Milligrams, 15 Milligrams, and 30 Milligrams; Opportunity 
for a Hearing.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/

[[Page 6197]]

fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Patrick Raulerson, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6260, Silver Spring, MD, 20993, 301-796-
3522, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Proposal To Refuse To Approve NDA 209155

    PMRS submitted NDA 209155 for oxycodone HCl IR oral capsules in 5 
mg, 15 mg, and 30 mg strengths (oxycodone HCl IR capsules) under 
section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) (21 U.S.C. 355(b)(2)), proposing to rely in part on the Agency's 
previous finding of safety and effectiveness for ROXICODONE (oxycodone 
HCl) IR Tablets (NDA 021011). PMRS proposed that its oxycodone HCl IR 
capsules be indicated for the management of acute pain severe enough to 
require an opioid analgesic and for which alternative treatments are 
inadequate. PMRS also attempted to show that the product had certain 
abuse-deterrent properties and sought FDA approval of labeling 
describing those properties.
    On November 16, 2017, the Division of Anesthesia, Analgesia, and 
Addiction Products of FDA's Center for Drug Evaluation and Research 
(CDER) issued a complete response letter to PMRS under Sec.  314.110(a) 
(21 CFR 314.110(a)) stating that NDA 209155 could not be approved in 
its present form, describing the specific deficiencies, and, where 
possible, recommending ways PMRS might remedy these deficiencies. The 
deficiencies include the following:
    1. The application in its present form is not approvable with the 
proposed labeling describing abuse-deterrent properties, for multiple 
reasons. In particular, (1) the oxycodone in the formulation can be 
readily extracted in commonly available solvents into a solution 
suitable for injection; (2) there were insufficient data showing the 
presence of excipients (including dye) in the formulation can be 
expected to deter abuse by injection; (3) the data submitted were 
insufficient to show the product was meaningfully resistant to 
manipulation for misuse or abuse; and (4) there were not data 
submitted, including data from pharmacokinetic and human abuse 
liability studies, fully characterizing the product's abuse potential 
by all relevant routes of abuse. Also, the data submitted were not 
sufficient to rule out the possibility that the proposed formulation 
could result in a greater proportion of abuse by injection of PMRS's 
product compared to a conventional IR oxycodone formulation. Abuse by 
injection carries greater risk of overdose and transmission of 
infectious disease than abuse by other routes.
    2. The safety and purity of the excipients intended (but not shown) 
to confer abuse deterrent properties were not adequately characterized, 
either by the intended oral route of use or by expected routes of 
abuse, including injection.
    3. An overall evaluation of elemental impurities in the final 
formulation and a risk assessment for each heavy metal (taking into 
consideration the maximum daily dose) were not provided.
    4. The application did not fully comply with the patent 
certification requirements applicable to applications submitted under 
section 505(b)(2) of the FD&C Act.
    5. The complete response letter describes additional deficiencies, 
which generally relate to chemistry, manufacturing, and controls and 
current good manufacturing practice requirements, that CDER determined 
preclude approval of the application in its present form. The complete 
response letter also noted that satisfactory resolution of 
objectionable inspection observations was required before the 
application could be approved. Due to applicable limitations on public 
disclosure of information contained in unapproved NDAs, including trade 
secret information, these specific deficiencies are not described in 
this notice.
    The complete response letter stated that PMRS is required to 
resubmit the application, fully addressing all deficiencies listed in 
the letter, or take other actions available under Sec.  314.110 (i.e., 
withdraw the application or request an opportunity for a hearing). 
Applicable regulations, including Sec.  10.75 (21 CFR 10.75), also 
provide a mechanism for applicants to obtain formal review of one or 
more decisions reflected in a complete response letter (see FDA's 
guidance for industry ``Formal Dispute Resolution: Sponsor Appeals 
Above the Division Level'' (November 2017) available at: https://www.fda.gov/downloads/drugs/guidancecomplianceregulatoryinformation/guidances/ucm343101.pdf).
    In response to the complete response letter, on November 17, 2017, 
PMRS submitted a request for an opportunity for a hearing under Sec.  
314.110(b)(3) on whether there are grounds under section 505(d) of the 
FD&C Act for denying approval of NDA 209155.

II. Notice of Opportunity for a Hearing

    For the reasons stated previously and others described in the 
complete response letter, notice is given to PMRS and to all other 
interested persons that the Center Director proposes to issue an order 
refusing to approve NDA 209155 on the grounds that the application 
fails to meet the criteria for approval under section 505(d) of the 
FD&C Act, including that: (1) PMRS has not provided sufficient data to 
show that the product would be safe (505(d)(1)); (2) PMRS has not shown 
that the methods used in, and the facilities and controls used for the 
manufacture, processing, or packing of the product are adequate to 
preserve its identity, strength, quality, and purity (505(d)(3)); and 
(3) the labeling PMRS proposed for the product is false or misleading 
(505(d)(7)).
    PMRS may request a hearing before the Commissioner of Food and 
Drugs (the Commissioner) on the Center Director's proposal to refuse to 
approve NDA 209155. If PMRS decides to seek a hearing, it must file: 
(1) A written notice of participation and request for a hearing (see 
the DATES section), and (2) the studies, data, information, and 
analyses relied upon to justify a hearing (see the DATES section), as 
specified in Sec.  [thinsp]314.200.
    As stated in Sec.  314.200(g), a request for a hearing may not rest 
upon mere allegations or denials, but must present specific facts 
showing that there is a genuine and substantial issue of fact that 
requires a hearing to resolve. We note in this regard that because CDER 
proposes to refuse to approve NDA 209155 for multiple reasons, any 
hearing request from PMRS must address all of those reasons, including 
reasons described in the complete response letter but not described in 
this notice due to applicable limitations on public disclosure of 
information contained in unapproved NDAs, including trade secret 
information. Failure to request a hearing within the time provided and 
in the manner required by Sec.  314.200 constitutes a waiver of the 
opportunity to request a hearing. If a hearing request is not properly 
submitted, FDA will issue a notice refusing to approve NDA 209155.

[[Page 6198]]

    The Commissioner will grant a hearing if there exists a genuine and 
substantial issue of fact or if the Commissioner concludes that a 
hearing would otherwise be of public interest (Sec.  314.200(g)(6)). If 
a hearing is granted, it will be conducted according to the procedures 
provided in 21 CFR parts 10 through 16 (21 CFR 314.201).
    Paper submissions under this notice of opportunity for a hearing 
must be filed in two copies. Except for data and information prohibited 
from public disclosure under 21 U.S.C. 331(j) or 18 U.S.C. 1905, 
submissions may be seen in the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday, and on the internet at https://www.regulations.gov. This notice is issued under section 505(c)(1)(B) 
of the FD&C Act, Sec. Sec.  314.110(b)(3) and 314.200.

    Dated: February 8, 2018.
Janet Woodcock,
Director, Center for Drug Evaluation and Research.
[FR Doc. 2018-02903 Filed 2-12-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                6196                        Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices

                                                information concerning the definition of                Pharmaceutical Manufacturing Research                 manner detailed (see ‘‘Written/Paper
                                                complete response.                                      Services, Inc. (PMRS) for oxycodone                   Submissions’’ and ‘‘Instructions’’).
                                                  This guidance is being issued                         hydrochloride (HCl) immediate-release
                                                consistent with FDA’s good guidance                                                                           Written/Paper Submissions
                                                                                                        (IR) oral capsules, 5 milligrams (mg), 15
                                                practices regulation (21 CFR 10.115).                   mg, and 30 mg in its present form. This                  Submit written/paper submissions as
                                                The guidance represents the current                     notice summarizes the grounds for the                 follows:
                                                thinking of FDA on BCG-unresponsive                     Center Director’s proposal and offers                    • Mail/Hand delivery/Courier (for
                                                nonmuscle invasive bladder cancer. It                   PMRS an opportunity to request a                      written/paper submissions): Dockets
                                                does not establish any rights for any                   hearing on the matter.                                Management Staff (HFA–305), Food and
                                                person and is not binding on FDA or the                                                                       Drug Administration, 5630 Fishers
                                                                                                        DATES: Submit either electronic or
                                                public. You can use an alternative                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                        written requests for a hearing by March                  • For written/paper comments
                                                approach if it satisfies the requirements               15, 2018; submit data, information, and
                                                of the applicable statutes and                                                                                submitted to the Dockets Management
                                                                                                        analyses in support of the hearing and                Staff, FDA will post your comment, as
                                                regulations. This guidance is not subject               any other comments by April 16, 2018.
                                                to Executive Order 12866.                                                                                     well as any attachments, except for
                                                                                                        ADDRESSES: You may submit hearing                     information submitted, marked and
                                                II. The Paperwork Reduction Act of                      requests, documents in support of the                 identified, as confidential, if submitted
                                                1995                                                    hearing, and any other comments as                    as detailed in ‘‘Instructions.’’
                                                   This guidance refers to previously                   follows. Please note that late, untimely                 Instructions: All submissions received
                                                approved collections of information that                filed requests and documents will not                 must include the Docket No. FDA–
                                                are subject to review by the Office of                  be considered. Electronic requests for a              2018–N–0188, for ‘‘Proposal to Refuse to
                                                Management and Budget (OMB) under                       hearing must be submitted on or before                Approve a New Drug Application for
                                                the Paperwork Reduction Act of 1995                     March 15, 2018; electronic documents                  Oxycodone Hydrochloride Immediate-
                                                (44 U.S.C. 3501–3520). The collections                  in support of the hearing and any other               Release Oral Capsules, 5 Milligrams, 15
                                                of information in 21 CFR parts 312 and                  comments must be submitted on or                      Milligrams, and 30 Milligrams;
                                                314 have been approved under OMB                        before April 16, 2018. The https://                   Opportunity for a Hearing.’’ Received
                                                control numbers 0910–0014 and 0910–                     www.regulations.gov electronic filing                 comments, those filed in a timely
                                                0001, respectively.                                     system will accept hearing requests                   manner (see ADDRESSES), will be placed
                                                                                                        until midnight Eastern Time at the end                in the docket and, except for those
                                                III. Electronic Access                                  of March 15, 2018, and will accept                    submitted as ‘‘Confidential
                                                   Persons with access to the internet                  documents in support of the hearing                   Submissions,’’ publicly viewable at
                                                may obtain the guidance at either                       and any other comments until midnight                 https://www.regulations.gov or at the
                                                https://www.fda.gov/Drugs/Guidance                      Eastern Time at the end of April 16,                  Dockets Management Staff between 9
                                                ComplianceRegulatoryInformation/                        2018. Documents received by mail/hand                 a.m. and 4 p.m., Monday through
                                                Guidances/default.htm, https://                         delivery/courier (for written/paper                   Friday.
                                                www.fda.gov/BiologicsBloodVaccines/                     submissions) will be considered timely                   • Confidential Submissions—To
                                                GuidanceComplianceRegulatory                            if they are postmarked or the delivery                submit a comment with confidential
                                                Information/default.htm, or https://                    service acceptance receipt is on or                   information that you do not wish to be
                                                www.regulations.gov.                                    before these dates.                                   made publicly available, submit your
                                                                                                                                                              comments only as a written/paper
                                                  Dated: February 7, 2018.                              Electronic Submissions                                submission. You should submit two
                                                Leslie Kux,                                               Submit electronic comments in the                   copies total. One copy will include the
                                                Associate Commissioner for Policy.                      following way:                                        information you claim to be confidential
                                                [FR Doc. 2018–02871 Filed 2–12–18; 8:45 am]               • Federal eRulemaking Portal:                       with a heading or cover note that states
                                                BILLING CODE 4164–01–P                                  https://www.regulations.gov. Follow the               ‘‘THIS DOCUMENT CONTAINS
                                                                                                        instructions for submitting comments.                 CONFIDENTIAL INFORMATION.’’ The
                                                                                                        Comments submitted electronically,                    Agency will review this copy, including
                                                DEPARTMENT OF HEALTH AND                                including attachments, to https://                    the claimed confidential information, in
                                                HUMAN SERVICES                                          www.regulations.gov will be posted to                 its consideration of comments. The
                                                                                                        the docket unchanged. Because your                    second copy, which will have the
                                                Food and Drug Administration
                                                                                                        comment will be made public, you are                  claimed confidential information
                                                [Docket No. FDA–2018–N–0188]                            solely responsible for ensuring that your             redacted/blacked out, will be available
                                                                                                        comment does not include any                          for public viewing and posted on
                                                Proposal To Refuse To Approve a New                     confidential information that you or a                https://www.regulations.gov. Submit
                                                Drug Application for Oxycodone                          third party may not wish to be posted,                both copies to the Dockets Management
                                                Hydrochloride Immediate-Release Oral                    such as medical information, your or                  Staff. If you do not wish your name and
                                                Capsules, 5 Milligrams, 15 Milligrams,                  anyone else’s Social Security number, or              contact information to be made publicly
                                                and 30 Milligrams; Opportunity for a                    confidential business information, such               available, you can provide this
                                                Hearing                                                 as a manufacturing process. Please note               information on the cover sheet and not
                                                AGENCY:    Food and Drug Administration,                that if you include your name, contact                in the body of your comments and you
                                                HHS.                                                    information, or other information that                must identify this information as
                                                                                                        identifies you in the body of your                    ‘‘confidential.’’ Any information marked
sradovich on DSK3GMQ082PROD with NOTICES




                                                ACTION:   Notice.
                                                                                                        comments, that information will be                    as ‘‘confidential’’ will not be disclosed
                                                SUMMARY:   The Director of the Center for               posted on https://www.regulations.gov.                except in accordance with 21 CFR 10.20
                                                Drug Evaluation and Research (Center                      • If you want to submit a comment                   and other applicable disclosure law. For
                                                Director) of the Food and Drug                          with confidential information that you                more information about FDA’s posting
                                                Administration (FDA or Agency) is                       do not wish to be made available to the               of comments to public dockets, see 80
                                                proposing to refuse to approve a new                    public, submit the comment as a                       FR 56469, September 18, 2015, or access
                                                drug application (NDA) submitted by                     written/paper submission and in the                   the information at: https://www.gpo.gov/


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                                                                            Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices                                             6197

                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       submitted were insufficient to show the               www.fda.gov/downloads/drugs/
                                                23389.pdf.                                              product was meaningfully resistant to                 guidancecomplianceregulatory
                                                   Docket: For access to the docket to                  manipulation for misuse or abuse; and                 information/guidances/ucm343101.pdf).
                                                read background documents or the                        (4) there were not data submitted,                       In response to the complete response
                                                electronic and written/paper comments                   including data from pharmacokinetic                   letter, on November 17, 2017, PMRS
                                                received, go to https://                                and human abuse liability studies, fully              submitted a request for an opportunity
                                                www.regulations.gov and insert the                      characterizing the product’s abuse                    for a hearing under § 314.110(b)(3) on
                                                docket number, found in brackets in the                 potential by all relevant routes of abuse.            whether there are grounds under section
                                                heading of this document, into the                      Also, the data submitted were not                     505(d) of the FD&C Act for denying
                                                ‘‘Search’’ box and follow the prompts                   sufficient to rule out the possibility that           approval of NDA 209155.
                                                and/or go to the Dockets Management                     the proposed formulation could result
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     in a greater proportion of abuse by                   II. Notice of Opportunity for a Hearing
                                                Rockville, MD 20852.                                    injection of PMRS’s product compared                     For the reasons stated previously and
                                                FOR FURTHER INFORMATION CONTACT:                        to a conventional IR oxycodone                        others described in the complete
                                                Patrick Raulerson, Center for Drug                      formulation. Abuse by injection carries               response letter, notice is given to PMRS
                                                Evaluation and Research, Food and                       greater risk of overdose and                          and to all other interested persons that
                                                Drug Administration, 10903 New                          transmission of infectious disease than               the Center Director proposes to issue an
                                                Hampshire Ave., Bldg. 51, Rm. 6260,                     abuse by other routes.                                order refusing to approve NDA 209155
                                                Silver Spring, MD, 20993, 301–796–                         2. The safety and purity of the                    on the grounds that the application fails
                                                3522, Patrick.Raulerson@fda.hhs.gov.                    excipients intended (but not shown) to                to meet the criteria for approval under
                                                                                                        confer abuse deterrent properties were                section 505(d) of the FD&C Act,
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        not adequately characterized, either by               including that: (1) PMRS has not
                                                I. Proposal To Refuse To Approve NDA                    the intended oral route of use or by                  provided sufficient data to show that the
                                                209155                                                  expected routes of abuse, including                   product would be safe (505(d)(1)); (2)
                                                                                                        injection.                                            PMRS has not shown that the methods
                                                   PMRS submitted NDA 209155 for                           3. An overall evaluation of elemental
                                                oxycodone HCl IR oral capsules in 5 mg,                                                                       used in, and the facilities and controls
                                                                                                        impurities in the final formulation and
                                                15 mg, and 30 mg strengths (oxycodone                                                                         used for the manufacture, processing, or
                                                                                                        a risk assessment for each heavy metal
                                                HCl IR capsules) under section 505(b)(2)                                                                      packing of the product are adequate to
                                                                                                        (taking into consideration the maximum
                                                of the Federal Food, Drug, and Cosmetic                                                                       preserve its identity, strength, quality,
                                                                                                        daily dose) were not provided.
                                                Act (FD&C Act) (21 U.S.C. 355(b)(2)),                      4. The application did not fully                   and purity (505(d)(3)); and (3) the
                                                proposing to rely in part on the                        comply with the patent certification                  labeling PMRS proposed for the product
                                                Agency’s previous finding of safety and                 requirements applicable to applications               is false or misleading (505(d)(7)).
                                                effectiveness for ROXICODONE                            submitted under section 505(b)(2) of the                 PMRS may request a hearing before
                                                (oxycodone HCl) IR Tablets (NDA                         FD&C Act.                                             the Commissioner of Food and Drugs
                                                021011). PMRS proposed that its                            5. The complete response letter                    (the Commissioner) on the Center
                                                oxycodone HCl IR capsules be indicated                  describes additional deficiencies, which              Director’s proposal to refuse to approve
                                                for the management of acute pain severe                 generally relate to chemistry,                        NDA 209155. If PMRS decides to seek
                                                enough to require an opioid analgesic                   manufacturing, and controls and current               a hearing, it must file: (1) A written
                                                and for which alternative treatments are                good manufacturing practice                           notice of participation and request for a
                                                inadequate. PMRS also attempted to                      requirements, that CDER determined                    hearing (see the DATES section), and (2)
                                                show that the product had certain                       preclude approval of the application in               the studies, data, information, and
                                                abuse-deterrent properties and sought                   its present form. The complete response               analyses relied upon to justify a hearing
                                                FDA approval of labeling describing                     letter also noted that satisfactory                   (see the DATES section), as specified in
                                                those properties.                                       resolution of objectionable inspection                § 314.200.
                                                   On November 16, 2017, the Division                   observations was required before the                     As stated in § 314.200(g), a request for
                                                of Anesthesia, Analgesia, and Addiction                 application could be approved. Due to                 a hearing may not rest upon mere
                                                Products of FDA’s Center for Drug                       applicable limitations on public                      allegations or denials, but must present
                                                Evaluation and Research (CDER) issued                   disclosure of information contained in                specific facts showing that there is a
                                                a complete response letter to PMRS                      unapproved NDAs, including trade                      genuine and substantial issue of fact
                                                under § 314.110(a) (21 CFR 314.110(a))                  secret information, these specific                    that requires a hearing to resolve. We
                                                stating that NDA 209155 could not be                    deficiencies are not described in this                note in this regard that because CDER
                                                approved in its present form, describing                notice.                                               proposes to refuse to approve NDA
                                                the specific deficiencies, and, where                      The complete response letter stated                209155 for multiple reasons, any
                                                possible, recommending ways PMRS                        that PMRS is required to resubmit the                 hearing request from PMRS must
                                                might remedy these deficiencies. The                    application, fully addressing all                     address all of those reasons, including
                                                deficiencies include the following:                     deficiencies listed in the letter, or take            reasons described in the complete
                                                   1. The application in its present form               other actions available under § 314.110               response letter but not described in this
                                                is not approvable with the proposed                     (i.e., withdraw the application or                    notice due to applicable limitations on
                                                labeling describing abuse-deterrent                     request an opportunity for a hearing).                public disclosure of information
                                                properties, for multiple reasons. In                    Applicable regulations, including                     contained in unapproved NDAs,
                                                particular, (1) the oxycodone in the                    § 10.75 (21 CFR 10.75), also provide a                including trade secret information.
sradovich on DSK3GMQ082PROD with NOTICES




                                                formulation can be readily extracted in                 mechanism for applicants to obtain                    Failure to request a hearing within the
                                                commonly available solvents into a                      formal review of one or more decisions                time provided and in the manner
                                                solution suitable for injection; (2) there              reflected in a complete response letter               required by § 314.200 constitutes a
                                                were insufficient data showing the                      (see FDA’s guidance for industry                      waiver of the opportunity to request a
                                                presence of excipients (including dye)                  ‘‘Formal Dispute Resolution: Sponsor                  hearing. If a hearing request is not
                                                in the formulation can be expected to                   Appeals Above the Division Level’’                    properly submitted, FDA will issue a
                                                deter abuse by injection; (3) the data                  (November 2017) available at: https://                notice refusing to approve NDA 209155.


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                                                6198                        Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices

                                                   The Commissioner will grant a                        during the regulatory review period by                2015–E–2666; FDA–2015–E–2758; and
                                                hearing if there exists a genuine and                   August 13, 2018. See ‘‘Petitions’’ in the             FDA–2015–E–2664 for ‘‘Determination
                                                substantial issue of fact or if the                     SUPPLEMENTARY INFORMATION section for                 of Regulatory Review Period for
                                                Commissioner concludes that a hearing                   more information.                                     Purposes of Patent Extension;
                                                would otherwise be of public interest                   ADDRESSES: You may submit comments                    FARYDAK.’’ Received comments, those
                                                (§ 314.200(g)(6)). If a hearing is granted,             as follows. Please note that late,                    filed in a timely manner (see
                                                it will be conducted according to the                   untimely filed comments will not be                   ADDRESSES), will be placed in the
                                                procedures provided in 21 CFR parts 10                  considered. Electronic comments must                  dockets and, except for those submitted
                                                through 16 (21 CFR 314.201).                            be submitted on or before April 16,                   as ‘‘Confidential Submissions,’’ publicly
                                                   Paper submissions under this notice                  2018. The https://www.regulations.gov                 viewable at https://www.regulations.gov
                                                of opportunity for a hearing must be                    electronic filing system will accept                  or at the Dockets Management Staff
                                                filed in two copies. Except for data and                comments until midnight Eastern Time                  between 9 a.m. and 4 p.m., Monday
                                                information prohibited from public                      at the end of April 16, 2018. Comments                through Friday.
                                                disclosure under 21 U.S.C. 331(j) or 18                 received by mail/hand delivery/courier                   • Confidential Submissions—To
                                                U.S.C. 1905, submissions may be seen                    (for written/paper submissions) will be               submit a comment with confidential
                                                in the Dockets Management Staff                         considered timely if they are                         information that you do not wish to be
                                                between 9 a.m. and 4 p.m., Monday                       postmarked or the delivery service                    made publicly available, submit your
                                                through Friday, and on the internet at                  acceptance receipt is on or before that               comments only as a written/paper
                                                https://www.regulations.gov. This notice                date.                                                 submission. You should submit two
                                                is issued under section 505(c)(1)(B) of                                                                       copies total. One copy will include the
                                                                                                        Electronic Submissions
                                                the FD&C Act, §§ 314.110(b)(3) and                                                                            information you claim to be confidential
                                                314.200.                                                  Submit electronic comments in the                   with a heading or cover note that states
                                                                                                        following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                                  Dated: February 8, 2018.
                                                                                                          • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                                Janet Woodcock,                                         https://www.regulations.gov. Follow the               Agency will review this copy, including
                                                Director, Center for Drug Evaluation and                instructions for submitting comments.
                                                Research.
                                                                                                                                                              the claimed confidential information, in
                                                                                                        Comments submitted electronically,                    its consideration of comments. The
                                                [FR Doc. 2018–02903 Filed 2–12–18; 8:45 am]             including attachments, to https://                    second copy, which will have the
                                                BILLING CODE 4164–01–P                                  www.regulations.gov will be posted to                 claimed confidential information
                                                                                                        the docket unchanged. Because your                    redacted/blacked out, will be available
                                                                                                        comment will be made public, you are                  for public viewing and posted on
                                                DEPARTMENT OF HEALTH AND                                solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                                HUMAN SERVICES                                          comment does not include any                          both copies to the Dockets Management
                                                                                                        confidential information that you or a                Staff. If you do not wish your name and
                                                Food and Drug Administration
                                                                                                        third party may not wish to be posted,                contact information to be made publicly
                                                [Docket Nos. FDA–2015–E–2666; FDA–                      such as medical information, your or                  available, you can provide this
                                                2015–E–2758; and FDA–2015–E–2664]                       anyone else’s Social Security number, or              information on the cover sheet and not
                                                                                                        confidential business information, such               in the body of your comments and you
                                                Determination of Regulatory Review                      as a manufacturing process. Please note
                                                Period for Purposes of Patent                                                                                 must identify this information as
                                                                                                        that if you include your name, contact                ‘‘confidential.’’ Any information marked
                                                Extension; FARYDAK                                      information, or other information that                as ‘‘confidential’’ will not be disclosed
                                                AGENCY:    Food and Drug Administration,                identifies you in the body of your                    except in accordance with § 10.20 (21
                                                HHS.                                                    comments, that information will be                    CFR 10.20) and other applicable
                                                ACTION:   Notice.                                       posted on https://www.regulations.gov.                disclosure law. For more information
                                                                                                          • If you want to submit a comment                   about FDA’s posting of comments to
                                                SUMMARY:   The Food and Drug                            with confidential information that you                public dockets, see 80 FR 56469,
                                                Administration (FDA or the Agency) has                  do not wish to be made available to the               September 18, 2015, or access the
                                                determined the regulatory review period                 public, submit the comment as a                       information at: https://www.gpo.gov/
                                                for FARYDAK and is publishing this                      written/paper submission and in the                   fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                notice of that determination as required                manner detailed (see ‘‘Written/Paper                  23389.pdf.
                                                by law. FDA has made the                                Submissions’’ and ‘‘Instructions’’).                     Docket: For access to the docket to
                                                determination because of the                            Written/Paper Submissions                             read background documents or the
                                                submission of applications to the                                                                             electronic and written/paper comments
                                                Director of the U.S. Patent and                           Submit written/paper submissions as
                                                                                                                                                              received, go to https://
                                                Trademark Office (USPTO), Department                    follows:
                                                                                                                                                              www.regulations.gov and insert the
                                                                                                          • Mail/Hand Delivery/Courier (for
                                                of Commerce, for the extension of a                                                                           docket number, found in brackets in the
                                                                                                        written/paper submissions): Dockets
                                                patent which claims that human drug                                                                           heading of this document, into the
                                                                                                        Management Staff (HFA–305), Food and
                                                product.                                                                                                      ‘‘Search’’ box and follow the prompts
                                                                                                        Drug Administration, 5630 Fishers
                                                DATES:  Anyone with knowledge that any                                                                        and/or go to the Dockets Management
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                of the dates as published (in the                         • For written/paper comments                        Staff, 5630 Fishers Lane, Rm. 1061,
                                                SUPPLEMENTARY INFORMATION section) are                                                                        Rockville, MD 20852.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        submitted to the Dockets Management
                                                incorrect may submit either electronic                  Staff, FDA will post your comment, as                 FOR FURTHER INFORMATION CONTACT:
                                                or written comments and ask for a                       well as any attachments, except for                   Beverly Friedman, Office of Regulatory
                                                redetermination by April 16, 2018.                      information submitted, marked and                     Policy, Food and Drug Administration,
                                                Furthermore, any interested person may                  identified, as confidential, if submitted             10903 New Hampshire Ave., Bldg. 51,
                                                petition FDA for a determination                        as detailed in ‘‘Instructions.’’                      Rm. 6250, Silver Spring, MD 20993,
                                                regarding whether the applicant for                       Instructions: All submissions received              301–796–3600.
                                                extension acted with due diligence                      must include the Docket Nos. FDA–                     SUPPLEMENTARY INFORMATION:



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Document Created: 2018-02-13 02:32:20
Document Modified: 2018-02-13 02:32:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written requests for a hearing by March 15, 2018; submit data, information, and analyses in support of the hearing and any other comments by April 16, 2018.
ContactPatrick Raulerson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6260, Silver Spring, MD, 20993, 301-796- 3522, [email protected]
FR Citation83 FR 6196 

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